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FDA files appeal in Ecigarette case .... again
Wed, 12/22/2010 - 17:21 | 
ECSpotAdmin
In a not completely unforeseen move, the FDA has filed an appeal to the result of their appeal in the Sotera vs FDA Ecigarette case.
Earlier this month the US Court of Appeals upheld the earlier ruling that the FDA cannot regulate ecigarettes as drug delivery devices and instead must regulate them as tobacco products. Claiming that the three-judge panel's decision "rests on a clear error of law and will undermine" the intentions of Congress who gave the FDA jurisdiction over tobacco products in 2009, the FDA asks that the entire court of appeals for the district of Colombia hold a new hearing to review the appeal and reinstate a stay of the preliminary injunction barring them from seizing ecigarette imports pending that hearing.
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the FDA requests that the
the FDA requests that the whole judge of is attractive for the region of Colombia keep a new listening to to evaluation the attraction and restore a remain of the initial injunction with the exception of them from taking away ecigarette imports awaiting that listening to.
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